BILL NUMBER: SB 1126	CHAPTERED  10/10/99

	CHAPTER   888
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 16, 1999

INTRODUCED BY   Senator Costa

                        FEBRUARY 26, 1999

   An act to amend Sections 977.2 and 1202.41 of, and to add Section
1202.46 to, the Penal Code, and to add  Items 5240-103 and 5240-493
to Section 2.00 of the Budget Act of 1999, relating to corrections,
and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1126, Costa.  Criminal procedure:  arraignment:  audiovideo.
   Existing law authorizes the Department of Corrections to establish
a 3-year pilot project at more than 5 institutions that permits the
initial court appearance and arraignment of a defendant in municipal
or superior court to be conducted by 2-way electronic audiovideo
communication in all cases where the defendant is charged with a
misdemeanor or a felony and is currently incarcerated in the state
prison.  Existing law also provides that the provisions creating this
project are repealed as of January 1, 2000, and requires the
department to prepare and submit a report on the pilot project to the
Legislature on or before January 1, 2000.
   This bill would delete from these provisions the language that
establishes a pilot project.  The bill also would delete the
reporting requirement and the repeal provision, thereby extending the
provisions of the bill indefinitely.
   Existing law establishes a pilot program to enable collaboration
between the State Board of Control and judges in the counties in the
program in connection with amending restitution orders.  Under the
program, among other things, if the hearing has not been waived, the
State Board of Control determines if the cost of holding the hearing
is justified.
   This bill would in addition, in the case of a defendant who is
incarcerated, authorize the above-described hearings to be held via
2-way audiovideo communication between the defendant and the court,
as specified.
   This bill also would specify that these provisions shall not be
construed to prohibit an individual or district attorney's office
from independently pursuing the imposition or amendment of a
restitution order that may result in a hearing, regardless of whether
  the victim has received assistance.
   The bill further would require the court to retain jurisdiction
over a person subject to a restitution order for purposes of imposing
or modifying restitution until such time as the losses may be
determined when the economic losses of a victim cannot be ascertained
at the time of sentencing.
   Existing law provides for local assistance to community
correctional programs.
   This bill would appropriate $1,748,429 to Department of
Corrections to be allocated to the City of Coalinga to provide equity
regarding community correctional facility contract issues.
   Existing law makes various appropriations to the Department of
Corrections for various purposes related to the operation of the
department and the maintenance of facilities and equipment under the
control of the department.
   This bill would make reappropriations from the General Fund and
from the 1986 Prison Construction Fund to the department for
specified purposes related to prison construction.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 977.2 of the Penal Code is amended to read:
   977.2.  (a) Notwithstanding Section 977 or any other law, in all
cases in which the defendant is charged with a misdemeanor or a
felony and is currently incarcerated in the state prison, the
Department of Corrections may arrange for the initial court
appearance and arraignment in municipal or superior court to be
conducted by two-way electronic audiovideo communication between the
defendant and the courtroom in lieu of the physical presence of the
defendant in the courtroom.  Nothing in this section shall be
interpreted to eliminate the authority of the court to issue an order
requiring the defendant to be physically present in the courtroom in
those cases where the court finds circumstances that require the
physical presence of the defendant in the courtroom.
   (b) If the defendant is represented by counsel, the attorney shall
be present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment.  However,
if the defendant is represented by counsel at an initial hearing in
superior court in a felony case, and if the defendant does not plead
guilty or nolo contendere to any charge, the attorney shall be
present with the defendant or if the attorney is not present with the
defendant, the attorney shall be present in court during the
hearing.
   (c) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the department
shall establish a confidential telephone and facsimile transmission
line between the court and the institution for communication between
the defendant's counsel in court and the defendant at the
institution.  In this case, counsel for the defendant shall not be
required to be physically present at the institution during the
initial court appearance and arraignment via electronic audiovideo
communication.  Nothing in this section shall be construed to
prohibit the physical presence of the defense counsel with the
defendant at the state prison.
  SEC. 2.  Section 1202.41 of the Penal Code is amended to read:
   1202.41.  (a) There is created within the State Board of Control a
four-year pilot program for the purpose of collaborating with judges
to amend restitution orders imposed pursuant to Section 1202.4 of
this code and Section 730.6 of the Welfare and Institutions Code to
the extent that the victim has received assistance pursuant to
Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of
Division 3 of Title 2 of the Government Code.
   (b) The program shall commence 30 days after the effective date of
this section and shall include restitution orders imposed by courts
in the regional judicial assignments as determined by the Judicial
Council, and Court Operation Services encompassing the Counties of
Sacramento, San Diego, and Alameda.  The State Board of Control, with
the assistance of the Judicial Council, shall collaborate with
judges in each of the three participating regional judicial
assignments.
   (c) (1) Notwithstanding Section 977 or any other law, in all cases
in which the defendant is currently incarcerated in a state prison
with two-way audiovideo communication capability, the Department of
Corrections, at the request of the Board of Control, may arrange for
a hearing to impose or amend a restitution order, to be conducted by
two-way electronic audiovideo communication between the defendant and
the courtroom in lieu of the defendant's physical presence in the
courtroom, provided the county has agreed to make the necessary
equipment available in the courtroom.
   (2) Nothing in this subdivision shall be interpreted to eliminate
the authority of the court to issue an order requiring the defendant
to be physically present in the courtroom in those cases where the
court finds circumstances that require the physical presence of the
defendant in the courtroom.
   (3) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the Department of
Corrections shall establish a confidential telephone and facsimile
transmission line between the court and the institution for
communication between the defendant's counsel in court and the
defendant at the institution.  In this case, counsel for the
defendant shall not be required to be physically present at the
institution during the hearing via electronic audiovideo
communication. Nothing in this subdivision shall be construed to
prohibit the physical presence of the defense counsel with the
defendant at the state prison.
   (d) If an inmate who is not incarcerated in a state prison with
two-way audiovideo communication capability or ward does not waive
his or her right to attend a restitution hearing for the amendment of
a restitution order, the State Board of Control shall determine if
the cost of holding the hearing is justified.  If the State Board of
Control determines that the cost of holding the hearing is not
justified, the amendment of the restitution order affecting that
inmate or ward shall not be pursued at that time.
   (e) The State Board of Control shall prepare a preliminary report
to the Legislature on the outcome of the pilot program no later than
one year and 180 days after the effective date of the four-year pilot
program.  The board shall prepare a final report on the outcome of
the pilot program no later than 2 years and 180 days after the
conclusion of the four-year pilot program.
   (f) Nothing in this section shall be construed to prohibit an
individual or district attorney's office from independently pursuing
the imposition or amendment of a restitution order that may result in
a hearing, regardless of whether  the victim has received assistance
pursuant to Article 1 (commencing with Section 13959) of Chapter 5
of Part 4 of Division 3 of Title 2 of the Government Code.
  SEC. 3.  Section 1202.46 is added to the Penal Code, to read:
   1202.46.  Notwithstanding Section 1170, when the economic losses
of a victim cannot be ascertained at the time of sentencing pursuant
to subdivision (f) of Section 1202.4, the court shall retain
jurisdiction over a person subject to a restitution order for
purposes of imposing or modifying restitution until such time as the
losses may be determined.  Nothing in this section shall be construed
as prohibiting a victim, the district attorney, or a court on its
own motion from requesting correction, at any time, of a sentence
when the sentence is invalid due to the omission of a restitution
order or fine without a finding of compelling and extraordinary
reasons pursuant to Section 1202.4.
  SEC. 4.  Item 5240-103-0001 is added to Section 2.00 of the Budget
Act of 1999 (Chapter 50 of the Statutes of 1999), to read:



   5240-103-0001--For local assistance, Department of
       Corrections ..................................  1,748,429
       Schedule:
       (a) 31 Community Correctional
           program .......................  1,748,429
       Provisions:
       1. The funds appropriated by this item shall be
          allocated to the City of Coalinga to provide
          equity with regard to community correctional
          facility contract issues.

  SEC. 5.  Item 5240-493 is added to Section 2.00 of the Budget Act
of 1999 (Chapter 50 of the Statutes of 1999), to read:



  5240-493--Reappropriations, Department of Corrections.  The
      balances of the appropriations provided in the following
citations
      are reappropriated for the purposes, and subject to the
limitations
      unless otherwise specified, provided for in the appropriations
and
      shall be available for expenditure as cited below:

      0001--General Fund Item
      5240-301-0001, Budget Act of 1998
      (2.3)  61.04.045--California Correctional Institution,
Tehachapi:
             New Potable Water Source--Working drawings and
             construction
      (11)   61.08.020--California Institution for Men, Chino:  PCE
             Contamination Cleanup--Construction
      (12)   61.08.024--California Institution for Men, Chino:
Replace
             Locking Devices--Working drawings and construction
      (17)   61.09.427--California State Prison-Solano, Vacaville:
             Correctional Treatment Center, Phase II--Working
             drawings
      (18)   61.10.051--California Men's Colony, San Luis Obispo:
             Central Kitchen Replacement--Working drawings
      (27.1) 61.15.035--California Rehabilitation Center, Norco:
             Replace Men's Dormitories--Working drawings and
             construction
      (41)   61.28.428--North Kern State Prison, Delano:
             Correctional Treatment Center, Phase II--Working
             drawings
      0746--1986 Prison Construction Fund
      Item 5240-303-0746, Budget Act of 1993
      (1)    61.01.711-Statewide:  Electrified Fence--Working
             drawings and construction, as reappropriated by Item
             5240-491, Budget Act of 1996
